Case Summaries

A former partner’s claim for reasonable financial provision out of the estate of her late partner, pursuant to the Inheritance (Provision for Family and Dependents) Act 1975.

Case summary coming soon

Judgment of the Court of Appeal as to how the court should respond where it decides that a child can live with a family member, but only if there is support and monitoring from the local authority, and the local authority declines to provide such support and monitoring.

A mother’s successful appeal against dismissal of her application for summary return of her children to Spain; a return order was granted.

An unsuccessful appeal against the dismissal of a claimant’s claim for a declaration that he had a beneficial interest in a property on the basis that he had failed to satisfy the burden of proof. Unsuccessful cross-appeal against the first instance judge’s refusal to award the respondents their costs of successfully defending the claimant’s claim.

An appeal against the set aside of a final order, which involves a consideration of the principle in Thwaite v Thwaite, and the extent of the court’s equitable jurisdiction to refuse to enforce an order.

Judgment of Keehan J granting a declaration under the Presumption of Death Act 2013

Successful appeal against final order within private law proceedings in which MacDonald J reiterates the content of FPR r 12.21 and the duty upon advocates to assist the court.

Application by son for a declaration from the Court of Protection, under its inherent jurisdiction, that ‘it shall be unlawful for the Inland Revenue to effect forced entry of the property of P or to restrict P’s liberty of movement without permission from the Court of Protection’. Application refused.

Judgment on a mother’s application to commit the respondent father of their three children to prison for breach of an order requiring him to cause the return of the children to the jurisdiction. Application granted and respondent committed to twelve months’ imprisonment.

Third judgment of Mr Recorder Cusworth QC in these proceedings following findings of serious fraud made against the husband. The wife successfully applied for (1) publication of the previous judgments in un-anonymised form and (2) forwarding of the judgments to relevant authorities.

Dismissal of appeal against an order imposing a sentence of imprisonment for breach of reporting restriction and Protection from Harassment Act injunctions.

Appeal by mother against an order that the parties’ children should be summarily returned to the USA in accordance with the 1980 Hague Child Abduction Convention.

Judgment in financial remedy final hearing.

Judgment within financial remedy proceedings in respect of a preliminary issue concerning ownership of a villa in the South of France.

Judgment of Baker J refusing the mother’s application for permission to take her two sons to China for a holiday.